法院、检察院经审查终审判决“确有错误”而启动再审程序时,在一般情况下,当事人享有二审程序中应有的诉权,如果其申请撤诉应予准许;但由于再审意味着将破坏已经稳定的法律关系,其前提是原判决、裁定确有错误,因此,在某些情况下,当事人的撤诉权应受到限制。 When the courts and procuratorates initiated the retrial procedure after reviewing the final confirmation verdict that “there was indeed a mistake,” the parties generally have the right to sue in the second instance procedure and should be allowed to withdraw their application; The legal relationship, the premise is the original verdict, the ruling is indeed wrong, therefore, in some cases, the litigant’s right of withdrawal should be limited.